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MITALI THAKURIA
Somer Ali, S/o. Late Nilu Sheikh – Appellant
Versus
State Of Assam, Represented By The Public Prosecutor – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor representing the State respondent No.1 and Mr. D. Gogoi, learned Amicus Curiae for the respondent No.2.
2. This application is filed under Sections 438/442/401 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 10.07.2024 passed by the learned Special Judge, North Salmara, Abhayapuri in Special (P) 31(J)/2020 wherein, the petition filed by the petitioner for recalling P.W 10 and C.W.1 was rejected.
3. The brief facts leading to the filing of this instant criminal revision petition are as follows: the respondent No. 2 lodged an FIR with the Officer-in-Charge of the Jogighopa Police Station, alleging, inter alia, that on 15.09.2020 at 12 P.M., while her minor granddaughter, aged about 9 years, was walking in front of the petitioner’s house, he called her to his room and raped her by removing her clothes. Upon receipt of the aforesaid FIR, a case was registered vide Jogighopa P.S. Case No. 306/2020 under Section 376 AB of the IPC, read with Section 6 of the POCSO Act. In connection with the said FIR, the pe
The court emphasized the necessity of recalling witnesses to ensure a fair trial and prevent failure of justice.
Section 311 of the Cr.P.C. allows courts to recall witnesses essential for a just decision, emphasizing that oversights in prosecution do not constitute irreparable lacunae. Judicial discretion must ....
The court upheld that Section 311 Cr.P.C. allows recall of witnesses only when essential for justice, emphasizing the need for strong justification for such applications.
The rejection of a request to recall witnesses under Section 311 CrPC is valid when it is deemed an attempt to prolong proceedings without just cause, emphasizing the need for fair trial principles.
The main legal point established in the judgment is the need for strong and valid reasons to recall witnesses, the protection of child victims from repeated testimony, and the discretion of the court....
Criminal Revision - Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powe....
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
Rape - Power to summon material witness, or examine person present - It is clear that the application under section 311 Cr.P.C. has not been moved in a bona fide manner by revisionist to secure ends ....
The power to recall witnesses under Section 311 of CrPC is essential for ensuring justice, especially when contradictions arise in testimonies.
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